Arua City taken to court for failure to issue Barifa forest permit

Arua, Uganda | THE INDEPENDENT | Maracha County Member of Parliament Denis Oguzu Lee has dragged Arua City to court for refusing to issue a development permit for a proposed ecotourism and recreational centre at Arua Central Forest Reserve locally known as Barifa.

In April 2019, the National Forestry Authority (NFA) awarded Oguzu a 10-acre piece of land at Arua Central Forest Reserve-Barifa to establish an Ecotourism centre. Subsequently, on March 12, 2021, Oguzu submitted his development plan to the Arua City Physical Planning Committee to obtain a development permit for the project.

However, the Arua City Physical Planning Committee in May 2021 deferred the development plan application citing the need for more consultations with key stakeholders. Although Oguzu filed numerous petitions with the National Physical Planning Board challenging the decision of the Arua City Physical Planning Committee, no permit has been awarded, more than three years later.

Through his lawyer M/S Muwema & Co. Advocates and Solicitors, Oguzu argues that the failure of the Arua City Physical Planning Committee to implement a directive by the National Physical Planning Board instructing them to consider and issue a decision on the development plan for the ecotourism project within the stipulated time was illegal, Irrational and procedurally illegal.

“A declaration that the 2nd Respondents’ failure to implement the 1st Respondents directive issued on 30th November 2023 regarding consideration of the Applicants Development plan and rendering a decision within the stipulated timelines is illegal, irrational and procedurally irregular”, reads the lawsuit in parts.

In the lawsuit filed at the Civil Division of the High Court in Kampala, Oguzu explains that the acts and omissions of the Arua City Physical Planning Committee and National Physical Planning Board have infringed on his constitutional right to carry out lawful business.

“That the Applicant’s constitutional right to carry on lawful business by investing and participating in the development of Arua Central Forest Reserve is being infringed on by the respondent’s Act and omissions”, the lawsuits stated.

In the suit which is expected to come up for hearing on October 7, 2024, the National Physical Planning Board and Arua City Physical Planning Committee have been listed as 1st and 2nd Respondents.

Arua City Assistant Town Clerk, Cornelius Jobile, confirmed that they have been served with the lawsuit noting that the City Senior Legal officer has taken an offer of the matter.

According to the development plan submitted to the Arua city physical planning committee, the eco-tourism site will have tarmacked roads connecting hotels, a swimming pool, health clubs, a manufacturing facility, stores, an energy plant, composing plant, among others.

****

URN